alio discesserunt Ita profuga Gens de Anglia in perpetuum exivit misera semper alicubi terrarum petiâ—ura usque eo dum denique deleatur But I shall pass from Latin to our more common Englâ—sh Historians Fabian in his Chronicle part 7. p. 133. Mr. Iohn Fox in his Acts and Monuments Lond. 1640. Vol. 1. p. 443. and Richard Grafton in his Chronicle p. 169. thus report it in the same words almost This year also 1290. all the Iews were utterly banished the Realm of England for the which the Commons gave he King a fifteenth Nâ—cholas Trivet Polychronicon l. 7. c. 38. and William Caxton in his Chronicles printed 1502. in the life of K. Edward the 1. thus stories the Jews banishment out of Hygden and Trevisa in their words Anone after the King had done his will of the Iustices tho lete he inquere and espye how the Iews dysceyved and beguyled his people thorough the synne of falseness and of usury And lete Ordain a Prevy Parlement among his Lords So they ordainned among theim That all Iewes should void out of Englande for their Mysbyleve and also for their false vsury that they did unto Crysten Men. And for to speed and make an end of this thing All the Comynalte of Englande gave unto the King the XV. Penny of all theyr Goodes mevable and so were the Iewes driven out of Englande And tho went the Iews into France and there they dwellyd thrugh leve of Kyng Phylip that tho was Kyng of France Raphael Holinshed in his Chronicles out of them Vol. 3. p. 285. thus publisheth it In the same year was a Parliament holden at Westminster wherein the Statutes of Westminster the 3 d. were ordained It was also DECREED That all the Jews should avoid out of the Land in consideration whereof a fifteenth was granted to the King and so hereupon were the Jews banished out of all the Kings Dominions and Never since could they obtain any priviledge to return hither again All their goods not moveable were confiscated with their tailles and obligations but all their goods that were moveable together with their coyn of gold and silver the King licensed them to have and convey with them A sort of the richest of them being shipped with their Treasure in a mighty tall ship which they had hired when the same was under sail and got down the Thames towards the mourh of the River beyond Quinborow The Master Mariner bethought him of a wile and caused his men to cast anchor and so rode at the same till the ship by ebbing of the stream remained on the dry sands The Master herewith inticed the Jewes to walke out with him on land for recreation and at length when he understood the tyde to be comming in he got him back to the ship whither he was drawn by a cord The Jews made not so much hast as he did because they were not ware of the danger But when they perceived how the matter stood they cryed to him for help Howbeit he told them that they ought to cry rather unto Moses by whose conduct their Fathers passed through the red Sea and therefore if they would call to him for help he was able enough to help them out of these raging flouds which now came in upon them They cryed indeed but no succour appeared and so they were swallowed up in the water The Master returned with the ship and told the King how he had used the matter and had both thanks and reward as some have written But others affirm and more truly as should seem that divers of those Marriners which dealt so wickedly against the Jews were hanged for their wicked practise and so received a just reward of their fraudulent and mischievous dealing In Capitula Itineris in Totles Magna Charta f. 151. made in Edward the first his reign There is one chapter of Inquiry De catallis Judaeorum occisorum et eorum chartis vadiis qui ea habeant taken out of the Eyre of Rich. the 1. forecited which relates to these Jewes thus drowned and slain as I conceive since I read of no other massacre of them near that time John Stow in his Annals p. 204. and Survey of London p. 289. writes thus of it King Edward banished all the Iews out of England gâ—ving them to bear their enaâ—rges till they were out of the Realm The number of the Iews then expelled was fifteen thousand and sixty persons whose housâ—s being sold the King received an infinite masse of money Iohn Speed in his History of Great Britain p. 545 thus varieth the expression of it King Edward Anno 1290. to purge England from such corruptions and oppressions as under which it groaned not neglecting therein his particular gaâ—n banished the Iews out of the Realm confiscating all their goods leaving them nothing but money to bear their charges they by their cruel Usuries having eaten his People to the bones To passe by Heylins Microcosm p. 570. Henry Isaacsons Chronology Anno 1290. Sir Rich. Baker his Chronicle of the Kings of England p. 146 147. with others who mention this their final banishment out of England I shall conclude with the words of Samuel Daniel his History p. 160. Of no lesse grievance than corrupt Judges then fined displaced banished this King eased his people by the banishment of the Jews for which the kingdom willingly granted him a fifteenth having before in Anno Regis 9. offered a fifth part of their goods to have them expelled But then the Jews gave more and so stayed till this time which brought him a great benefit by confiscation of their immoveables with their Tallies and Obligations which amounted to an infinite value But now hath he made his last commodity of this miserable people which having never been under other cover but the will of the Prince had continually served the turn in all the necessary occasions of his Predecessors but especially of his Father and himself Sir Edward Cook in his 2 Institutes p. 506 507 508. in his Commentary upon Statutum de Judaismo forecited seems to contradict these forecited Historians touching their banishment whose words I shall at large rehearse and refute too in this particular This Statute was made writes he in the Parliament of 18 Ed. 1. That the mâ—schiefs before this Statute against Jewish Usury were these 1. The evils and disherisons of the good men of the land 2. That many of the sins and offences of the Realm had risen and been committed by reason thereof to the great dishonour of Almighty God And are noâ— theâ—e two sufficient grounds to keep them out now as well as to restrain and banish them then The difficulty adds he was how to apply a remedy considering what great yearly revenue the King had by the Usury of the Iews and how necessary it was that the King should be supplyed with Treasure What benefit the Crown had before the making of this
of The Court of the Justices assigned for the Government of the Jews he saith But when the Iews were utterly banished as hath been said this Court ceased with them in 18 E. 1. Anno Dom 1290. misprinted 1293. but likewise in this very Chapter his own subseqvent words and Records in direct terms contradicting this opinion of his no less than 5 times which I wonder he observed not I shall recite them at large to undeceive his over-credulous Readers of the long Robe who take his words and works for Oracles though in many things very full of gross mistakes contradicted by his own Records he cites specially in his Chapter of Parliament and Admiralty And for that writes he they were odious both to God and Men that they might pass out of the Realm in safety they made Petition to the King that a certain day might be prefixed to them to depart the Realm it was prefixed by the King and Parliament against their wills to the end that they might have the Kings writ to his Sheriffs for their safe conduct and that no injury molestation damage or greivance be offered to them in the mean time for which perchance they did petition though not for their departure hence One of which Writs we will transcribe Rex Vic G. Cum Judaeis Regni nostri universis Certum tempus praefixerimus a regno illo transfretandi therefore prefixed by the King hâ—mself without their Petition and that for the banishment of them all out of the Realm Nolentes quod ipsi per ministros nostros aut alios quoscunque aliter quam fieri consuevit indebite pertrectentur Tibi praecipimus quod per totam Ballivam tuam publice proclamati firmiter inhiberi facias ne quis eis intra terminum praedictum injuriam molestiam damnum inferat seu gravamen Et cum contingat ipsos cum catallis suis quae eis concessimus versus partes London causa transfretationis suae dirigere gressus suos salvum securum conductum eis habere facias sumptibus eorum Proviso quod Judaei praedicti ante recessum suum Vadia Christianorum quae penes se habent illis quorum fuerint si ea acquietare voluerint restituant ut tenentur Teste Rege apud Westmin 18. die Julii Anno 18 E. 1. This Statute De Judaismo was made at the Parl. post festum Hilarii Anno 18 E. 1. a gross mistake At which Parliament the King had a 15 granted to him pro expulsione Iudaeorum Therefore by his own confession they were expelled banished by the King and Parlament against their wills and a fifteenth given for it as the former Historians note And this writ was granted in July following in pursute therefore of their Judgement of banishment not upon their petition the King beginning his reign Novemb. 16. For the Parliament knew a strange conceit of a Judge for how could they certainly know it that by banishing of Usury though they banished it only not the Jews the Jews would not remain And thus this Noble King by this means banished for ever these infidel usurious Iews Ergo their persons not their Usury only the number of which Jews thus banished was fifteen thousand and threescore We will here adde a Parliament Record de Priore de Bridlington thus Et quod praedictus Prior cognoscit quod praedicta peonnia praed Judaeo debebatur viz. 3 col nec ei solvebatur Ante exilium Iudaeorum therefore by this Parliamentary record but 3 years after they were judicially banished by Parliament not voluntarily of themselves no banishment in Law Et quicquid remansit eorum debitis aut catallis in regno post eorum Exilium again repeated as most certain Domino regis suit Confideratum est quod Dom. Rex recuperet pecuniam praedictam dictum est eidem Priori quod non exeat Villa antequam Domino Regi de praedicta pecunia satisfaciat Et respondeat Johannes Archiepiscopus Eborum quia praecepit dicto Priori solvere Valetto suo praedictam pecuniam in deceptionem Regis contra Sacramentum fidelitatem suam Domino Regi datam Idem in alio Rot. Ann. 27. E. 1. rot 5. Therefore by these 3 records resolutions cited by himself the Jews were all banished by sentence of Parliament in such sort as our Historians record and not in his New sence alone amounting but to a voluntary Recess And to put this beyond all future doubt or controversie though the particular Act and Parliament Roll for their Banishment be utterly lost for ought I can find upon diligent search and inquiry after it as are all other Parliament Rolls during this Kings reign yet there is a particular Roll still extant in the Tower of the particular sales of all the Jews Houses and Lands in London Yorke Canterbury Northampton and all other places of England where they resided made by King Edward the 1. in the 19 and 20 years of his reign the next years after their exile reciting they were all escheated into the Kings hands By the Iews banishment out of England which Roll was thus indorsed in that age Charta de Judaismo Patentes de domibus Iudaeorum concessis post eorum exilium de Anglia Annis 19 20. E. 1. The fifth Charter mentioned in the Roll of 19 E. 1. conteins this Kings Grant of the House of one Leo a Jew in St. Martins Parish in London Domus Leonis filu Cusae filii Eliae Judaei de Parochia Sancti Martini c. per Exilium ejusdem Iudaei e Regno nostro tanquam escheata in manu nostra existentis After which follow near one hundred other several charters of other particular Jews houses to particular Englishmen the same year in the self-same Roll as escheated to the King per Exilium ejusdem Iudaei After these in the same Roll follow several other Patents of this King of the Jews houses made in the 20 year of his reign the first whereof is this Kings grant Domus Benedicti Iudaei per Exilium ejusdem Iudaei ex Regno nostro tanquam escheata nostra in manu nostra existentis After which follow several other Charters of other Jews Houses in the self same form So that by the testimony of all these Charters and Records likewise of the Patent Roll of 19 E. 1. granting all the profits of the Jews houses a tempore Exilii eorundem to charitable uses the two very next years after their exile the Jews were all immediatly and legally banished out of England against their wills and all their houses there upon escheated into the Kings hands who upon this Title made sales of them to Englishmen recited in all their Charters the Rolls whereof I have lately perused in the Tower where all who please may examine them for their satisfaction herein By all these concurrent irrefragable Records and Testimonies it is apparent against Sir Edward Cooks grounlesse conceit 1. That all the Jews
Sybarites Bysantii Antissiaei Apoloniatae Chii Syracusani Amphipolitae who by receiving strangers into their cities and countries were all much infested some of them quite supplanted and ejected by them the rest enforced to expel them by force of arms Then he subjoyneth That the strangers admitted among Gods own people proved briars and thorns unto them and Solomon himself by many strange women fell into Idolatry concluding thus The Spaniards in my opinion did not unjustly banish the seditious Iews out of their Coasts propius non accedo â—ed Christum oro ne peregrinorum turba immanis turbo in civitate fiat As these Grecians in ancient times prohibited the introduction of strangers amongst them for the forementioned reasons so likewise did some of the wisest Romans Pennus in ancient times and Papius after him as Cicero relates Peregrinos Vrbibus prohibent eosque exterminant which although he thus censures as an inhumanity suverò urbis prohibere peregrinos sanè inhumanum est Yet he intends it only of excluding strangers from all trading and commerce not from cohabitation as Denizens from which he holds it just to debarre them there being a special Law then in force for that purpose which he thus expresseth Nam esse pro cive qui civis non sit RECTUM EST NON LICERE QUAM LEGEM TULERUNT SAPIENTISSIMI CONSULES Crassus Scaevola Hence Claudius the Emperour banished the Jews out of Rome Acts 18.2 and Suetonius in his life And the mischief of admitting forraigners is largely argued in Cornelius Tacitus who were after his time banished out of Rome as Coelius Rhodigmus relates out of Ammianus Marcelinus So the Carthaginians Solthians Scythotauri Gamphasantes Seres Indians Aegyptians in some places the Epidauri Athenians also excluded foraigners their country company conversation Ne cives longo usu dissimiles mores imbuerent in alienas leges ritusque transirent as Alex. ab Alexandro Gen. Dierum l. 4. c. 10. and Boêmus de Mor. Gentium record Yea we read of the Tartars and most politick Inhabitants of China at this day that they will admit no strangers into their Countries so much as to travel or traffick for fear of discerning their secrets and corrupting their manners and those few they admit by special licence to enter into their Country they will by no means suffer to return thence nor permit Merchants and Marriners there trading to walk abroad publikely in their Cities and Countries nor to lodge on land but only in their ships And to come nearer home our Kings heretofore upon the grievous complaint of the Nobility Gentry People have frequently banished all strangers out of England as the greatest pests inconveniences and grievances to the Natives Thus in the reign of King Edward the Confessor Anno 1052 All the Normans except two or three were banished our of England for giving ill counsel to the King and incensing him against the English by agreement both of the King and Parliament So King Henry the 2. in the 1 year of his reign Anno Dom. 1154. or in the second year of his reign as others write commanded all strangers to avoid out of the Realm by Proclamation by a certain day under great penalty especially the Flemings and Souldiers who committed all kinds of mischief under pretence of a liberty permitted to Souldiers by the Law of arms in time of war In the year 1220. King Hen. the 3. by his Proclamation commanded all strangers to avoid the land by Michaelmas next following except such as came with Merchandize to make sale of their wares under the Kings safe conduct After which the Poâ—ctouvines coming into England in great number obtaining great offices about the King miscounselling seducing and encensing him against the English Nobility and ingrossing the wealth of the Kingdom into their hands were assaulted plundered and many of them inforced to retire out of England by the Barons in the year 1258. And the next year after they were all banished out of England by Edict of Parliament After which they returning and oppressing the Realm were again expulsed and exiled by the Barons Anno 1260. So in the Parliament of 4 Ed. 2. Anno 1311. It was ordained by the Archbishops Bishops Earls and all the Commons in Parliament amongst other things That the King should banish all Foraigners out of his Court and Kingdom as his Father had commanded him which the King obliged himself by Oath to performe And thereupon banished his own Minion Pierce Gaveston into Ireland Which practices and proceeding of all these recited Nations and our Ancestors being if not grounded on yet at least warranted by Gods own forcited Precepts to the Israelites being warranted by the Jews own practise who had no dealings with the Samaritans John 4.9 and the Samaritans reciprocal carriage towards the Iews whom they would neither lodge nor entertain Lu. 9.51 52 53. Why we should not upon this account seclude those alien Jews so different from us both in manners customs Laws Religion and obeying not the Laws of our Saviour Christ Jesus it being not for the Kings or the Kingdoms profit to suffer them as Haman Esther 3.8 once said of them in another case I referre it to all wise Statesmen to resolve since it may be truly said of such unwelcom guests Turpius ejicitur quâm non admittitur hospes Neither will this contradict that Gospel precept Heb. 13.2 Be not forgetfull to entertain strangers or Deutr. 10.18.19 c. 23.7 Mat. 25.35 43. which extend only to Christian hospitality liberality and pity towards private distressed exiles travellers and other strangers coming to lodge or sojourn with us for a short season into our houses or country upon extraordinary or just occasions especially such who stand in need of our releif and are of the Houshold of Faâ—th as is clear by the Texts themselves compared with Rom. 12.13 1 Pet. 4.9.3 Iohn 5. Gal. 6.10 not to Infidels Jews Pagans or who are in no such absolute necessity nor stand in need of our charity or reception nor yet to the reception of any forraign Nation or Colony into our Island to cohabit perpetually with us the only point in question which the Scripture no where commands nor intends but disallows in the aforecited Texts Neh. 9.2 c. 13.30 And these Scripture expressions Prov. 5.10 Lest strangers be filled with thy wealth Isay 1 7. your lands strangers devour in your presence and it is desolate as overthrown by strangers Lam. 5.2 Our inheritance is turned unto strangers our Houses to aliens Hosea 7.9 Strangers have devoured his strength and he knoweth it not sufficiently manifest both the illegallity folly and sad consequences of our receiving Jews and other strangers in such a nature of which our Ancestors had sufficient experience in the Jews themselves enforcing them for ever to exile them hence who have places enough in many other parts of the world where they now inhabit in
audacias turpitudines ne dicam scelera indigna audiru profatuque quae vix credenti non modò enunciata sed visa comperta fuere Iason Matassalanus Ludovicus Matha quum sacerdotalibus quibus fungebantur muneribus cedere nollent quaesitis occasionibus ad inimicorum libidinem tetro carcere usque eò tenti fuere donec illorum arbitrio singulis ornamentis fama fortunis omnibus exturbati quoad illis liberet excruciati sunt non verò judicio sed praesidentis sola temeritate libidine ne prosequar viros vitae inculpassimae summa integritate fide falsis criminibus circunuentos ab impotentibus inimicis miseros laborentes in quos graviter crudeliterque consultum vidimus vel ut afflictas fortunas invaderent ipsosque de possessione antiquissimis sedibus deturbarent vel ut invidorum libidini obtemperarent aliaque in miseros edita exempla nulla pietate in supplices calamitosos eosque innoxios turpibus judiciis conflictari usque premi ab his qui gratiâ opibus plus possunt pollentque alios vero autores manifesti facinoris ne appellari quidem Quae cum viderem patronisque contra vim potentiorum aut gratiam nihil praesidii esse nihil opus frustra nos in legum controversiis ediscendis tot casuum varâ—etatibus â—am pensiculatè editis tantum laboris vigiliarum suscipere tantoque nos studio fatigari dicebam quum ad ignavissimi impurissimique cujusque temeritatem qui jure dicundo praesideret quem leges virum bonum esse volunt non aequo jure sed ad gratiam libidinem judicia ferri decretaque legum tanto consilio edita convelli labefactari viderem FINIS ERRATA EPistle p. 8. l. 17. servants were r. Converts will be l. 33. excogitavit p. 10. l. 10. discover Book p. 9. l. 8. r. multa p. 20. l. 21. r. quesuerunt sufflatis p. 35. l. 10. thence from p. 41. l. 11. r. Claus 4. E. 1. l. 12. r. Gamalict l. 19. parte ne r. Regno nostro p. 45. l. 20. Judaei p. 62. l. 4. fift r. first p. 105 l. 11. CeremonÃes l. 35. these p. 109. l 32 others r their Margin p. 35. l. 13. Geogr. p. â—9 l. â— c 10. p 105. l. 1. Imo â— 23 1 Tiâ— 5.8 p. 115. l 17. 〈◊〉 l. 22. servirebant p. 116. l. 42. Episcopalis l. 42. Calâ—ernâ—nus The Second Part of a Short DEMVRRER TO THE IEWES Long discontinued REMITTER into ENGLAND Containing a Brief Chronological Collection of the most material RECORDS in the reigns of King John Henry 3. and Edward 1. relating the History Affaires State Condition Priviledges Obligations Debts Legal Proceedings Justices Taxes Misdemeanors Forfeitures Restraints Transactions of the Jews in and final Banishment out of England never formerly published in Print with some short usefull Observations upon them Worthy the knowledge of all Lawyers Scholars Statists and of such Jews who desire Re-admission into England By VVilliam Prynne Esquire a Bencher of Lincoâ—ns-â—nne Amos 3.3 Can two walk together unless they be agreed Gregorius lib. 7. Registri Epist 226. Surius Tom. 2. Concil p. 698. Cùm Excellentia vestra Reccaredus Rex Gothorum Suevorum Constitutionem quandam contra Judaeorum perfidiam dediâ—â—et â—i de quibus prâ—â—â—â— fuerat rectuudinem vestrae mentis inflectere pecuniarum summam offeâ—â—◠〈…〉 sunt quam Excellentia vestra contempsit omnipotentâ—s Dei placere judâ—â—â—â—r quiâ—â—nâ— auro innocentiam praetulit Si igitur ab armato Regâ— in Sacâ—ificiuâ— Dâ—â— vâ—â—sa câ—â— aqua contempta pensemus quale sacrificium omnipotenti Dâ—o Râ—x â—â—â—uâ—it qui pro amore illius non aquam SED AURUM ACCIPERE CONTEMPSIT Itaque fili Excellentissime fidentâ—â— dicam quia libaâ—iâ— AURUM Dâ—mino quod contra cum habere noluisti LONDON Printed and sold by Edward Thomas in Green Arbor 1â—56 To the Ingenuous Reader THe Extraordinary Coldness and Shortness of the Time I had to compile transcribe publish my Short Demurrer to the Jews long discontinued Remitter into England that it might come into the world in due season before any final Resolves upon the late Whitehall Debates and Consults concerning it necessitated me not only to omit three or four less pertinent Passages in some of our Historians concerning the English Jews with some few others relating to their misdemeanors in foraign parts which I have since supplied and to be more sparing in refuting reverend Sir Edward Cooks mistakes touching the time of the making of the Statute de Judaismo and the Jews voluntary banishing of themselves thereupon without any particular Act or Edict of the King and Parliament for their universal Exile and Expulsion hence which I have more fully refuted in the second inlarged Edition thereof beyond all contradiction But likewise to leave out most of the unprinted Records in the reigns of King John Henry the 3. and Edward the 1. relating to the History State Affairs of the Iews in England under them and to their final Banishment thence which Records because I could not conveniently insert into the Second Impression for fear of incrâ—asing it into an over-large bulke and of oâ—er prejudicing those who had bought the first Edition I have therefore digested into a Chronological method according to their series of time and published apart by themselves in this Second Paâ—t that so such who have bought the first Impression may annex them thereunto and those who shall buy the second may bind them up with it if they see cause into which Impression I have insâ—rted only such new Records not extant in the first as were necessary to clear some passages in our Histories and to refute our learned Sir Edwâ—rd Cooks mistakes whose venerable Authority hath misguided many especially of the long robe in point of the Jews expulsion and date of the Statute de Iudaismo VVhat new light information or satisfaction this Additional Publication may yield to the judicious Readers consisâ—ing of unprinted and for the most part unknown Records never formerly published I cannot diâ—ine yet the great satisfaction my former Demurrer hath given to and kind acceptation it hath found with most godly and judicious persons throughout the Nation give me some good assurance that this Appendix to back and illustrate it will not be unwelcom but delightfull to them especially to those of my own Profession for whose information I principally intended it I hope both of them united will through Gods blessing prove a perpetual Barr to the Antichristian Iews re-admission into England both in this new-fangled age all future Generations maugre all printed pleas and Endeavors for their present Introduction the sole end of their publication by The unfeigned weak Endeavor to Promote his Saviours Honour Religions Safety with his Native Countries weal and Prosperity by this Undertaking WILLIAM PRYNNE Lincolnes Inne Feb. 1. 1655. 6. The Second Part of a short Demurrer to the Iews long discontinued barred
Remitter into ENGLAND HAving in my late Short Demurrer to the Jews long discontinued barred Remitter into England presented the world with an Exact Chronological History of the English Jews and their affairs from their very first arival in England under King William the Conqueror till their universal final Banishment and Expulsion thence in the 18 year of King Edward the first after about 260 years continuance in our Island collected out of the best printed Historians Law-books and some few Records I conceived it not only expedient but necessary to second amplifie and illustrate it with this new Chronological Collection of such unprinted and generally unknown Records remaining in the Tower of London and Exchequer during the respective reigns of King John King Henry the 3. and Edward the 1. as properly relare to the History State affairs Legal transactions Proceedings Contracts Government of the Iews in England under these three Kings and to their final Banishment hence which for want of time and other causes I could not conveniently insert into my first Demurrer The Reasons inducing me hereunto are 1. The Rarity and Novelty of these Records never formerly published in print I have been informed by persons of Credit that our great learned late deceased Antiquary Mr. Iohn Selden many years since made a particular collection of the Records concerning the English Iews and gave them to Mr. Samuel Purchas to insert into his Pilgrimage who in his 3. Edit thereof Lond. 1617. B. 2. ch 10. Sect. 17. p. 171. published a Section with this Title to it Of the Jewes somtimes living in England collected out of antient Records by Mr. JOHN SELDEN of the Inner-Temple wherin there is such a poor maimed accompt given of them out of Records or Histories and so different from that delivered him that upon the publication thereof Mr. Selden was very much offended with Mr. Purchas for abusing him in such a manner and his Readers likewise there being not above 3 Records and those maimedly cited in that whole Section which defect I thought meet here to supply 2ly The rectifying and refuting of some Mistakes in Sir Edward Cook his 2 Institutes concerning the Statute de Iudaismo and the Jews Banishment out of England which I have more fully refelled in my second Edition and shall here further clear by several Records 3ly The illustration and ratification of some Passages in our Historians touching the slavish condition and frequent Taxes imposed on the Jews by our Kings 4ly The fuller discovery of the manner of their Contracts Stars Legal Proceedings Judicatories transactions and Government whilst in England wherein our Histories and Lawbooks are very defective 5ly The manifestation of the Machiavillian Policy of King Iohn and Henry the 3d to draw the Jews from forraign parts into England by granting them ample Liberties and Protection on purpose afterwards to ensnare oppress vex squeeze prey upon them and their estates with far greater greedinesse and advantage 6ly To publish to the world the zealous pious care of our Ancestors even in grossest times of Popery to prevent all communion of Christians with and seduction by the Jews to suppress their blasphemy convert them by compelling them to resort to the Friers Sermons for their edification providing for their converts by sundry Ordinances not mentioned in any printed English Historians but only in the Records here published 7ly To adde a further Barr to their Re-admission into England they having been invited hither if Menasseh Ben-Israel may be credited by divers EMINENT PERSONS excelling both in Piety and Learning as well as power who from the beginning of their Government of this Commonwealth have professed much respect and favor towards them made known unto them some years since that wished for liberty that they now are about to grant them as he in his late Humble Addresses and Declaration to the Commonwealth of England hath published to the world in print being now inquiring after a convenient Summer-house intending to settle himself at least if not his exiled Nation here among us whereas Pierce Gaveston a Forraigner and the two Spencers great Potent Englishmen have heretofore lost their lives and heads for returning into England without the Parliaments and Nobles license though by the Kings own invitation and license when banished thence by Parliament which this Jewish Rabbi and his banished Countrimen may do well advisely to consider for fear of afterclaps The first Records of our former Kings now extant except some few Charters and Exemplifications of them in Leiger-books Records and Histories are those oâ— King Iohn preserved in the Tower of London and Exchequer Amongst the Charter Rolls of this King Iohn I find a special Charter of his in favour of the Jews made in the first year of his reign dated at Rhoan July 31. Anno Dom. 1199. whereby he grants to James of London a Jewish Priest the Priesthood of all the Jews throughout England to have and hold it during his life freely quietly honorably and intirely without moâ—â—sâ—ation trouble or disturbance by any Jew or English 〈◊〉 in the exerâ—â—se thereof c. Such a Chaâ—teâ— as Mâ—â—â—sseh Bâ—n-Isrâ—el now aspires after for himâ—elf as his Addresses intiâ—â—â—â—â— which because I finde printed by Mr. Samuel Purchas and Sir Edward Cook and I have already published it verbatim in my Short Demurrer Edit 1. p. 44. and Edit 2. p. 50.51 I shall here pretermit with this obâ—ervation that in the close thereof there is mention made of a Charter of King Richard granted to this Jew That he should not be impleaded for any thing appertaining to him but only before the King himself or his chief Justice This is the very first Charter extant on record conning the English Jews What is recorded of them in our Histories before this rime I have elsewhere published at large I find another Charter of Safe-conduct granted by K. John to this Jewish Priest the self-same day and year as the former for his safe and free passage and of all things appertaining to him in all places both on this side and beyond the Sea without any injury molestation impediment or grievance to be done unto him more then to the King himself which being never yet printed I have here transcribed out of the Record it self Johannis Dei gratia c. Omnibus fidelibus suis ad quos Literae praesentes pervenerint tà m ultrà mare quà m citra Mandans vobis praecipiens Quatenus per quascunque Villas loca Jacobus Presbyter Judaeorum dilectus familiaris Noster transierit ipsum salvò liberè cum omnibus ad ipsum pertinentibus transire conduci faciatis nec ipsi aliquod impedâ—mentum molestiam aut gravamen fieri sustineatis plus quam Nobis ipsis Et si quis ei in aliquo forisfacere praesumpserit id ei sine dilatione emendadari faciatis Teste VVillielmo Marisco c. Dat. per manum Hu. Cantuar. Archiepiscopi
Cancellarii nostri apud Rothomagum 31. die Julii Anno Regni nostri primo It is observable that both these Charters were made not in England but at Rhoan in Normandy whence King William the Conqueror first transplanted the Iewes into England And that both the Charters to this Higâ— Priest of the Iews were granted by the hand of Hubert Archbishop of Canterbury then Chancellor Primaâ—e Metropoliâ—an and High Priest of the English Naâ—iâ—n whoâ—e Successors have justified the Divinity and Lawfulness of their Archiepiscopal Jurisdiction from the Jewish High Priests Office and Pagan Archstâ—â—ius Sic muâ—â—â— mulum scalpit Dignum Patello operculum King John having granted such Priviledges and Protection to this Jewish High Priest and Bishop in the firâ—t year of his reign proceeded by his and their monies most powerfull mediation to confirm and grant mâ—â—y ample Priviledges and Immunities to all the English and Norman Jews in his 2 year by these two ensuing Charâ—ers not formerly printed which I shall here transcribe verbatim as I finde them on Record The first râ—ns thus Johannes Dei gratia c. Sciatis Nos concessisse Omnibus Judaeis Angliae Normanniae libere et hoâ—o ifice habere residentiam in terra nostra omnia illa de Nobis tenenda quae tennerunt de Rege Henrico Avo Patris nostri et omnia illa quae modo rationabiliter tenent in terris et feodis vadiis akatis suis quod habeaxt omnes libertates consuetudines suas sicut eas habuerunt tempore praedicti Regis H. Avi patâ—is nostri melius quiecius honorabilius Et si querela orta fuerit inter Christianum et Judaeum ille qui alium appellaverit ad querelam suam dirationandam habeat Tâ—stes scilicet legutimum Christianum Iudaeum Et si Iudaeus de querela sua Breve habuerit Breve suum erit ei testis Et si Christianus habuerit querelam adversus Iudaeum sit judicata per Pares Judaei Et cum Iudaeus obierit non detineatur corpus suum super terram sed habeant homines sui pecuniam suam debita sua it a quod mihi non disturbetur si habaerit haeredem qui pro ipso â—espondeat rectum faciat de debitis suis de forisfacto suo Et liceat Judaeis omnia quae eis apportata fuerint sine occasione accipere emere exceptis illis quae de Ecclesia sunt panno sanguine lento Et si Judaeus ab aliquo appellatus fuerit sine teste de illo appellatu erit quietus solo Sacramento suo super librum suum et de appellatu illarum rerum quae ad Coronam nostram pertinent similiter quietus erit solo Sacramento suo super Rotulum suum Et si inter Christianum Iudaeum fuerit dissentio de accommodatione alicujus pecuniae Judaeus probabit Catallum suum Christianus lucrum Et liceat Judaeo quiete vendere vadium postquam certum erit eum illud unum annum unum diem tenuisse Et Judaei non iâ—trabant in placitum nisi coram Nobis aut coram illis qui Turres nostras custodierint in quorum Ballivis Iudaei manserint Et ubicunque Iudaei fuerint liceat eis ire ubicunque voluerint cum omnibus catallis eorum sicut res nostrae propriae nulli liceat eos retinere neque hoc eis prohibere Et praecipimus quod ipsi quieti sint per totam Angliam Normanniam de omnibus Consuetudinibus Theoliniis modiatione vini sicut nostrum proprium catallum Et mandamus vobis praecipimus quod eos custodiatis defendatis manu-teneatis et prohibemus ne quis contra Cartam istam de hiis supradictis eos in placitum ponat super forisfacturam nostram Sicut Carta Regis H. patris nostri rationabiliter testatur T. Humf. filio Petri Com. Essex Willielmo de Marescal Com. de Pembr Henr. de Bohun Com de Hereford Robert de Turnham Willielmo Brywer c. Dat. per manum S. Well Archidiac apud Merleberg Decimo die Aprilis Anno regni nostri secundo The second Patent runs in these words Johannes Dei gratia c. Sciatis Nos concessisse praesenti Carta nostra confirmasse Judaeis nostris in Anglia ut excessus qui inter eos emerserint exceptis hiis qui ad Coronam Justitiam nostram pertinent de morte hominis mahemio de assaltu praemeditato de fractura domus et de Raptu et de Latrocino de Combustione de Thesauris inter eos deducantur secundum Legem suam et emendentur Justitiam suam inter se ipsos faciant Concedimus etiam eis quod si quis eorum alium appellaverit de querela quae ad eos pertineat Nos neminem compellemus ad testimonium cuiquam eorum contra alium exhibendum sed si Appellator rationabilem idoneum testem habere poterit eum secum adducat Siquod verò opus sceleratum apertum inter eos emerserit quod ad Coronam nostram vel ad Justitiam pertineat sicut de praedictis Placitis Coronae licet nullus eorum noster appellator suerit Nos ipsam queâ—elam faciemus per Legales Judaeos nostros Angliae inquitiâ— sicut Carta Regis H. patris nostri rationabiliter testatur Teste G. filio Petri Com. Essex Willielmo Mareschallo Com. de Pembr Hen de Bohun Com. de Hereford Petro de Pratell Roberto de Turnham Willielmo de Waren Hugo de Nevil Roberto de veteri Ponte Dat. per manum S. Well Archidiac apud Merleberg X. die Aprilis Anno Regni nostri secundo Both these Charters were dated at the same place on the self-same day by the self-same hand and subscribed by the same Witnesses for the most part The first of them extends to all the Jews both in England and Normandy the latter to the Jews in England alone The persons subscribing them as witnesses were eminent both for honor and power and it appears by the recitals in the Charters that the Liberties granted and confirmed by them to these Jews were wholly or for the most part such as King Henry the first Grandfather and K. Henry the 2. Father to King John had formerly granted and confirmed to them by their respective Charters And if you compare that Law inserted by Hoveden and others amongst the Confessors and Conqueâ—ors Laws De Judaeis in Anglia constitutis You will find it taken almost verbatim out of these Kings Charters in whose times Hoveden writ his Annals and puny to the Confessors and Conquerors Laws in the true Original copyes whereof it is not to be found We need not much wonder that King Iohn did grant such large Libâ—rties and Charters as these recited to the Jewish High Priests and Jews throughout his Dominions since some few years after as Matthew Paris writes he sent special Embassadors to Admirallus the Great
King Henry the 3 his long and tedious reign relating to the Jews and their affairs pretermitting some few only of lesse moment and private concerment in some of the Fine Clause and Patent Rolls where those who are not fully satisfied with these already recited may glean them at their leasures I now proceed to the Records in the reigne of King Edward the first omitting all passages of the Jewes in the Fine Rolls of his reign as of lesse moment seeing the Patent and Clause Rolls afford us much plenty and variety of matter concerning our English Jews affairs their final banishment out of England and sale of their houses eascheated by their exile which Records were never yet published to the world in print and are unknown to most men King Henry the 3 deceasing and his Son Edward the 1 succeeding him Anno 1272. thereupon he constituted Hamon Hattayn and Robert de Ludham Justices for the custody of his Jews commanding the Treasurer and the Barons of the Exchequer to deliver to them the keys of the Jews Chests together with the Rolls Writs and other things belonging to the Jews as they had formerly done to other Justices by this Writ Quia Rex constituit Hamonem Haittayn et Robernum de Ludham Justiciarios suos ad custodiam Judaeorum suorum Mandatum est Thesaurario et Baronibus de Scaccario quod eisdem Hamoni Roberto claves Archarum Judaismi una cum Rotulis Brevibus et omnibus aliis Judaismum illud contingentibus liberent prout aliis Justiciariis ibidem prius consuevit Dat. per manum W. de Merton Cancellar apud Westm 27 die Ianuarii These new Justices were constituted not above 5 weeks after Kings Henries death and they were as all their Predecessors in that Office first instituted by King Rich. the 1 Anno 1194. Iusticiarii sui ad custodiam Iudaeorum suorum to shew that the Jews were nothing else but the Kings own VVards and Villaines and under his custody and protection only as such to tax and plunder them at his pleasure as his Father and Grandfather had done before him It appears by the Liberate of 1 E. 1. m. 1. 2. that the King allowed 20 marks a year to these Justices of the Jews for their Salary And the custody of the Rolls and writs of the Jews were committed this year to William Middleton as is evident by this Record Cum Rex commiserit Willielm de Middleton Rotulos brevia Iudaismi sui quae sunt in custodia Thesauri Baronum Scaccarii custodiend quamdiu Domino Regi placuerit Mandatum est eisdem Thesaurario et Baronibus quod eidem Will. Rotulos Brevia liberent sicut praedictum est The same year this King in the beginning of his reign caused his peace and protection to be publikely proclaimed as well to all the Jews as others within England and other his Dominions as this record recites for the Jews in Bâ—uges in Flanders Rex Vicecomiti Mall salutem Cum nuper pacem nostram per totum Regnum nostrum publicè proclamaâ—i fecimus â—et eam omnibus et singulis de regno nostro tam Iudaeis quam Christianis observari praecepimus praecipimus quod Iudaei nostri de Bruges in Balliva tua manuteneas defendas ita quod eis pax nostra prout ejus per totum regnum nostrum proclamari fecimus inviolabiliter observetur Et non exigas vel exigi permittas ab eisdem redemptiones vei alias extorsiones ad opus nostrum vel alicujus alterias nisi quatenus ad debita nostra seu Domini Henrici Regis patris nostri seu Tallagia aut alia ad quae de jure tenentur ab eis levanda de nostro aut ejusdem Domini Henr. patris nostri mandato Warrantum habueris Datum c. apud Westm 15 die Iunii Yet notwithstanding this protection and peace granted them by the King the very same year the King grants out this Writ to search all their Chests to enroll and certifie him of all their debts and estates that he might tax them all proportionably at his pleasure as he did soon after Rex dilecto fideli suo Thomae de Espernon salutem Quia de debitis in Archa Cirogtafforum Winton Oxon. Maâ—leberg Wilton contentis volumus certiorari vobis mandamus quod ad certum diem quem ad hoc provideritis ad Archas praedictas accedatis easdem per visum Cirograf Archarum praedictarum tam Christianorum quam Judaeorum aperiatis et omnia debita in eisdem contenta diligenter scrutari et inrotulari faciatis Mandamus enim Cirograffariis nostris Archarum praedictar quod ad certum diem quem eis scire faciatis ad hoc faciendum vobis assistant et intendant In cujus c. Dat. c. apud Westm 20 die Feb. Conamiâ—es Liteâ—ae diriguntur Hamoni Hatayn de debitis in Archa Cirograf Northampt. Nottingh Ebor. Lincol. Stâ—inf conrents Item Consimiles Literae diriguntur Ade de Winton de debitis in Arca Cirograf Judaeorum Bristoll Oxon Gloucest Wigorn. Hereford et Warw. contentis Item consimiles Literae diriguntur Roberto de Ludham super hujusmodi debitis contentis in Archis Cirograff Judaeorum Bedef Cantebr Colecester et Sudbury In all which Cities and Towns the Jews then inhabited and had common chests wherein their Debts and Morgages were reserved Also according to the former Custome of the Jews in England not to remove into any town where they did not anciently inhabit he sent this Writ to the Barons and Bailiffs of Winchelse to remove some Jews thence who had taken up their habitation there without his special license Rex Baronibus Ballivis suis de Winchelse salutem Quia secundum consuetudinem Iudaeismi nostri Angliae in aliis Civitatibus Burgis aut Villis habitare vel morari non debent quam in illis in quibus antiquitus habitare consueverunt morari quidam Iudaei ut intelleximus villam nostram de Winchelse sunt ingressi eam inhabitent in quam nullus Iudaeus aliquibus retroactis temporibus habitare consuevit vel morari Vobis mandamus quod si verum est tunc Iudaeos ab eadem villa absque damno de corporibus seu rebus suis eis faciend sine damno faciatis amoveri Dat. apud Westm 18 die Iunii This King that he might not seem altogether unjust granted forth a Writ to the Sheriff of Oxford in behalf of one Lumbard a Jew of Oxford taken and imprisoned for a fine of fifty marks imposed on one Lumbard a Jew of Bristol for a Trespasse against the Kings Exchange ordering him to be bailed and the mistake examined Rex Vicecom Oxon. salutem Ostensum est nobis ex parte Lumbardi de Krikelad Judaei nostri Oxoniae quod quum quidam Lumbardus Judaeus Bristol amerciatus esset coram Justiciariis Domini Henr. Regis patris nostri ad custodiam Judaeorum
ab eisdem Archis extral endas in quadam alia cista per se ad alias Cartas nomine Christianorum bellicatas nondum quietatas in alia cista per se ad alias Cartas in quibus debita clara consistunt in tertia cista per se reponendas Ita quod cistae illae sigillis vestris sigillentur et salvo custodiantur donec aliud inde praeciperimus Et ideo vobis mandamus quod praedista faciatis in forma praedicta In cujus c. T. R. apud Odiham 6 die Augusti Rex dilectis sibi in Christo Abbati de Colcest et Walt. de Essex salutem Sciatis quod assign vos ad Archas Cirograf Judaismi nostri Coâ—cest et Suthbiry aperiend et ad scrutand examinand Cartas ad omnia debita in Archis illis inventa et ad omnia illa irrotulanda et ad plenum scrutinium inde faciend et ad omnia ea nobis apâ—rte et distincte sub sigillis vestris referenda Et ideo vobis mandamus quâ—d ad certos dies quos ad hoc provideritis Arch. praedict as aperiatis et Cartas et omnia debita in eis inventa diligenter scrutemini et facto scrutinio illo diligenter illa irrotuletis et Archis illis sic secure reclusis eas sigillis vestris sigilletis Ita quod non aperiantur donec aliud inde duxerimus Ordinandum Proviso insuper quod nullas Cartas extra easdem Archas existentes ponatis in easdem â—â—c aliquas infra easdem Archas existentes ab eisdem extrahatis vel aliquo modo extrahi permittatis Et si quas Cartas in manibus Cirografforum nostrorum inveneritis extra Archas illas eas per se irroâ—ulari et in securo loco reponi faciatis In cujus rei c. T. Rege apud Turr. Lond. 27 die Novembr Eodem modo assignatur Rogerus de Northwode una cum aliquo asio fideli Regis quem sibi associaverit ad aperiendas Archas Cirograf Judaismi Regis Cantuar. Eodem modo assign Robertus de Ludham et Willus Gerebert ad aperiendas Archas Cirograf Judaismi Regis VVinton Oxon. et de Devisis Eodem modo assign Nicholaus de Stapleton et Abbas sanctae Mariae Eborum ad aperiend Archas Cirograf Judaismi Regis de Ebor. Eodem modo assign Prior Sanctae Katerinae extra Lincoln et Robertus de Blund ad aperiendas Archas Cirograf Judaismi Regis Lincoln Stainford Eodem modo assign Abbas Sancti Augustini Bristol et Bartholm le Ieovene Constabularius Castri de Bristol ad aperiend Archas Cirograf Judaismi Bristol Eodem modo assignatur Bartholomeus de Suthleye una cum aliquo alio fideli ad aperiend Arch. Cirograf Judaismi Wigorn. In cujus c. Teste ut supra Rex dilecto sibi in Christo Priori Norwici et dilecto Clerico suo VVillielm de Middleton salutem Sciatis quod assignavimus vos ad aperiend Archam Cirograf Judaismi nostri Norwici et ad scrutand et examinand Cartas et omnia debita in illa Archa inventa et omnia debita illa irrotulanda et ad â—lenum scruâ—inium inde faciend et ad omnia ea nobis diâ—â—incte et aperte sub sigillis vestris referenda Et ideo vobis mandamus quod ad certum diem quem ad hoc provideatis Archam illam aperiatis er Cartas omnia debita in eadem inventa diligenter scutemini et facto scrutinio illo praemina omnia irrotuletis et Archa illa secure reclusa eam sigillis vestris sigilletis Ita quod non aperiatur donâ—c aâ—iud inde duxerimus Ordinandum Proviso quod nullas Cartas extra eandem Archam existentes ponatis in eandem nec aliquas ibidem inventas ab eadem extranatis vel aliquo modo extrahi permittatis Et si quas Cartas in manibus Cirograf nostrorum extra Archam illam inveneritis eas per se irrotulari et in securo loâ—o reponi faciatis In cujus c. apud Turr. London 24 die Novembris Eodem modo assignatur Walt. de Helynn una cum aliquo alio fideli Regis quem sibi assignaverit ad aperiendas Archas Cirograf Judaismi Regis Hereford et Gloucester Eodem modo assignatur Iohannis Wigorn. et Roger de Evesham ad aperiend Arch. Cirograf Judaismi Regis Exon. et ad scrutand ut supra Eodem modo assignatur Hugo de Stapleford una cum aliquo alio fideli Regis quem sibi associau ad aperiendas Archas Cirograf Judaismi Regis Huntindon Bedford Northampt. Oxon. Eodem modo assignatur Prior de London et Willielmus de Stirkeslegh ad aperiend Archas Cirograf Judaismi Regis Lincoln et Stainford In cujus c. Teste ut supra I have rehearsed all these Patents and Commissions at large because they vary some thing from each other in form prescribe general and universal searches of the Jews common Chests and Writings and manifest how and where they were dispersed into most of the chief Cities and Towns of England and where they had Chests more exactly then most other Records This year there falling out some difference between the Jews and the Sheriff of Oxford who had the Custody and Regulation of the Oxford Jews thereupon at the Jews procurement there issued forth this Patent to the Mayor and Bayliffs of Oxford to keep the peace between the Sheriff and them and to have the Protection and Government of them till the next Parliament Rex Majori ad Ballivis suis Oxon. salutem Cum ad occasionem turbationis inter Vici nostrum Oxon. Judaeos nostros ejusdem Villae jam exortae sicut dicitur tollendam et ad pacem in Judaismo nostro ibidem quietius conservandam assignavimus vos ad Custod Judaeorum nostrorum eâ—usdem villae usque ad Parliament nostrum post instans fest Sancti Michaelis Vobis mandamus quod sicut de vestra diligentia et fidelitate specialiter confidimus custodiae illi diligenter intendatis Ita quod Pax nostra in Iudaismo praedicto et in aliis quae statum ipsorum Judaeorum in eisdem partibus tangunt vestro mediante juvamime et Consilo bene et inviolabiter conservetur Mandavimus enim Vicecomiti nostro praedicto quod ad informâ—â—â—â—nem status ipsorum Iudaeorum non praesumat aliquid attemptare nec de eisdem in aliquo interim se intromittat In cujus c. Teste Rege apud Windsore 31 die Julii King Edward the 1. in the 5 year of his reign appointed Commissioners to impose a Tax upon all the Commonalty of the Jews throughout England whose names and authority are thus expressed in a Commission granted to them for this end Rex dilectis et fidelibus suis Ioh. de Cobham et Phil. de Wileby et Wil. de Middl. salutem Sciatis quod dedimus vobis potestatem obligandi universos et singulos Judaeos regni nostri secunâ—um quod vos vel duo
ideo vobis mandamus quod hujusmodi domos terras et redditus Judaeorum sic dampnatorum vendatis in forma praedicta Ita quod de Exitibus venditionis illius Nobis respondere possetis ad mandatum nostrum In cujus c. T. Rege apud Brehul 1 die Aug. When the Jews had all made fines and ransoms for their Trespasses with the Kings Justices and Commissioners as aforesaid then he sent forth a proclamation that they might freely exercise their lawfull Trades Merchandizes with Christians and one another as formerly and buy victuals with other necessaries and have such communion with Christians as they were wont prohibiting any to lay violent hands upon or molest them as this Record with others of the like nature to other Sheriffs attests Mandatum est Vicecomiti Eborum quod in pleno Comitatu Eborum et in Civitate praedicta publice proclamari faciat Quod Judaei ibidem de rebus et mercan disis licitis cum omnibus tam Christianis quam Judaeis libere negociari possint et victualia alia necessaria ab omnibus emere et inter Christianos conversari prout premissa facere consueverunt temporibus retroactis Firtuirer etiam inhiberi facias ne qui in eos manus violentas injiciant vel alias eis malefaciant contra pacem Regis King Edward the 1. in the 8. year of his reign issued forth these Letters patents following for the sale of all the condemned Jews houses Lands and Tenements in London and 14 other several Counties named in them in all which they had Lands Tenements and Possessions amounting to no small value Rex omnibus ad quos c. salutem Sciatis quod dedimus potestatem pro Nobis haeredibus nostris dilecto fideli nostro Waltero de Helynn vendendi nomine nostro omnes domos terras tenementa cum pertinentiis quae fuerunt quorumcunque Iudaeorum quae ad manum nostram tanquam Escaeca nostra per forisfacturam eorundem occasione transgressionum monetam nostram tangentiuÌ„ devenerunt videlicet in Civitate London Comitatibus Middle Sussex Surr. Kanc ' Essex Hertf. Norf. Suff. Cantuar. Hunt Bucks Bedf. Oxon. Berks. Ita quod ipsi qui ea emerint à praefato Waltero ea habeant et teneant sibi et haeredibus suis in perpetuum In cujus c. T. Rege apud Windsore 28 die Novombris As the King sold the Houses of these condemned Jews so he likewise took into his hands the Debts of the other Jews to satisfie their Debts due unto him for their Taxes which he levied to his own use and then allowed them for their arrears Rex Thesaurar Baronibus suis de Scaccario salutem Sciatis quod cum nuper capi fecerimus in manum nosâ—â—â—m quoddam debitum quinquaginta marcarum in quo Robertus de Percy per Cartam suam in Archa Cyrographar apud Ebor existenti tenebatur Bonamy de Ebor Iudaeo Et quod levari precipimus ad opus nostrum Concessimus eidem Iudeo quod si praedict debitum ad opus nostrum levatum fuerit vel in manum nostram captum sicut praedict est Idem Iudaeuâ— pro dicto debito 50 marcarum in recompensationem habeat aâ— 40 marcis in veteribus arreragiis tallagiis aliis debitis quae nobis debet ad Scaccarium praedictum Et ideo vobis mandamus quod si ita est tunc eidem Iudaeo in hujusmodi veteribus arreragiis talâ—agiis aliis debitis quae nobis debet ad idem Scaccarium allocationem de praedictis 40 marcis habere faciatis in recompensatione praedicti debiti 50 marcarum sicut praedictum est T. R. apud VVestm 13 die Novemb. By which the King got x. marks clear from this Jews over and above his pretended debt and arrear for which this debt was seized and levied King Edward in the 8. year of his reign at the supplication of the Friers predicants in England who desired to preach unto the obstinate Jews thereby to convert them to the Christian Faith and turn them from their antient errors blindness and unbelief procured this notable ensuing Writ and Patent to all his Sheriffs Bayliffs and other Leige people commanding them to induce the Jews in all places to resort unto and hear their preaching without blasphemy or disturbance at such times and places as these Friers Predicants should direct c. Rex Vicecomitibus et omnibus Ballivis fidelibus suis salutem Cum dilecti nobis in Christo Fratres de Ordine Praedicatorum in Anglia Judaeis quorum mentes vetustas erroris et perfidiae obnubulat et obcâ—â—cat praedicare proponunt verbum Dei quo facilius interveniente gratia Spiritus sancti ad fidei Catholicae converti valeant unitateÌ„ ob hoc dilectus nobis in Christo Prior Provincialis ejusdem Ordine nobis supplicaverit ut vobis demus in mandatis Quod omnes Iudaeos ubicunque locorum in Ballivis vestris conversantes efficaciter moneatis et inducatis quod in locis ubi vobis de Consilio Fratrum ipsorum magis expedire videbitur ad audiendum verbum Dei conveniant et illud ab eisdem Fratribus absq tumultu contentione vel blasphemia audiant diligenter benigne Et si forte Altissimus velamen duritiae a cordibus eorum aufereus aliquibus vel alicui ipsorum Iudaeorum gratiam dederit convertendi quod caeteri Iudaei eis super hoc non impediant nec per alios impediri procurent Nos praeatâ—tum â—â—opoâ—â—tam ipsorum â—ratrum altenâ—entes pium et salubre et precibus predicti Prioâ—is favorâ—biliter annuentes in hac parte vobis maâ—damus Quod omnes Iudaeos in Ballivis vestris conversantes ad praemissa facienda efficaciter moneatis et eos ad hoc modis quibus melius sciveritis inducatis prout unicuique vestrum inspiraverit Spiritus veritatis In cujus c. quamdiu Regi placuerat duratur Teste Rege apud Winton 2 die Jan. What good effects this zealous pious project of the Friers preachers and Patents of the King in pursuit thereof produced in converting any considerable number of the Jews to the Catholick faith I find not mentioned in Histories or Record but their universal banishment hence 8. years after principally for their infidelity sufficiently manifests that all the endeavours then used for their conversion by drawing them to these Preachers Sermons and the provisions made by the King for the Converts support hereafter specified were very successlesse Wherefore those Zealots and Enthusiasts who so earnestly plead and write for their readmission amongst us now upon the future probability of their Conversion by their powerfull preaching to and exemplary conversation amongst them are like to find no better successe than these preaching Friers then did and other eminenter Divines than themselves of late years and now do find in foraign parts where the Jews reside where they may do well now to try what
Rege apud Winton 12 die Octobris The like Licenses to sell houses I find in other Patent and Clause Rolls This year the King to search out all the Debts owing to the condemnâ—d Jews or others sent forth this Commission to search all the Chests of the Jews and the Stars and writings in them and to recover all the Debts that were due on them somewhat different from those formerly granted Rex dil fidel suis Hamoni Hutteyn Roberto de Ludham et Magistro Henrico de Bray salutem Quia volumus quod omnes Cartae Starra et munimenta omnia Iudaeorum dampnatorum et alia quocunque modo ad Nos ratione Iudaismo pertinentia per vos scrutentur videantur et tunc transcribantur distinctè et aperte Ita quod extractae fieri possint inde ad debita illa ad opus nostrum levanda prout de jure et secundum legem et consuetudinem Scaccarii Iudaismi nostri fuerit faciend et prout ad opus nostrum magis videritis expedire Et ideo vobis mandamus quod ad certos c. praemissa fac in forma praedicta Et de Cartis Starâ—is munimentis et debitis illis tres Rotulos faciatis quorum unus liberetur Baronibus nostris de Scaccario alter ad Scaccarium Iudaismi nostri et tertius remaneat in custodia vestra Magistro Henrico nobis liberandus In cujus c. T. R. apud Guildeford 21 die Octobris A like Patent to this with little variation De Archis Cirographorum aperiendis et scrutandis c. I find in the patent Roll of 14 E. 1. m. 20. where all may peruse it at leisure This same year the King confirmed the Grant of his Deodands to the House of the Converts in London towards the repairing of the Chappel and buildings there by this Writ directed to his Justices itinerant Rex Justiciariis itinerantibus in Com. Lincoln salutem Cum nos dudum pro salute animae nostrae et animatum Antecessorum nostrorum Regum Angliae concessimus dilectis Nobis in Christo Fratribus Praedicatoribus London Elemosinam nostram quae Deodanda vocatur in Regno nostro Angliae in subsidium translationis Domorum suarum usque ad finem triennii percipiendam et post idem triennium eandem Elemosinam dei intuitu concessimus Conversis domus nostrae London ad fabricam Capellae suae quam Dom. H. quondam Pater noster Rex Angliae fundavit ibidem persiciend et in subventionem reparationis et sustentationis edificiorum loci illius Vobis mandamus quod praedictam Elemosinam nostram de Itinere vestro in Com praedict et in caeteris Comitatibus in quibus itineraturi estis habere faciatis dilecto Clerico nostro Joh de Sancto Dionisio custodi Domus praedictae ad fabricam et sustentationem ad reparationem praedict inde faciend T. R. apud Westm 13 die Novembris Consimiles Literae diriguntur Justiciariis proximo Itineraturis in Com. Devon pro conversis praedictis T. ut supra King Edward in the 10th year of his reign safely to protect the persons and goods of the Jews in Hereford from the violence of the people there committed the protection of them to 24 of the chief Burgesses of Hereford as he did the Jews in other Towns throughout England anâ— proclaimed that none should damnifie or moâ—est them in their persons or goods under pain of losing his goods as this Patent manifests Rex dilectis sibi Waltero de la Barre Hugoni de Clere Reginaldo Comwood Thomae de Anesye and to 20 more particularly named in the Patent Burgensibus suis Hereford salutem Cum suscererimus in protectionâ—m et defensâ—onem nostram Judaeos nostros Hereford res omnes possessiones suas ad tuitionem maâ—orem securitatem ipsorum vos assignavimus ad custodiam eorunâ—em Vobis mandamus quod per totam villam praedictam publice proclamari firmiter inhiberi faciatis ex parte nostra Ne quis sub periculo omissionis bonorum suorum praedictis Judaeis in personis aut rebus suis inferat dampnum molestiam seu gravamen Et vos ipsi Judaeos illos res et possessiones suas infra villam praedictam et extra quantum in vobis est manuteneatis protegatis et defendatis In cujus c. quamdiu Regi placuerit durat Teste Rege apud Devises 10 die Aprilis It appears the Jews were then very odious and grievous to the English that they needed so many Gardians to protect their persons and estates from their plunder and violence Soon after this some Jews of Hereford being there imprisoned for Trespasses done to some English there the King sent this Writ to the Sheriff of the County to release them upon their putting in of Bail to answer it and to restore their goods if seased Rex Vic. Hereford salutem Quia Mosseus le Blund Iosseus filius Manasses Judaei Hereford Mosseus fil Jacobi Judaeus London manuceperunt habere apud Westm coram Justiciariis nostris ad Custodiam Judaeorum assignatis Aaron le Blund Mirabiliam uxorem ejus Fautinum filium praedicti Aaron Bonam uxorem ejus Cresseum filium Jacobi Floriam uxorem ejus a die sancti Iohis Baptistae in tres Septimanas ad standum recto super quibusdam transgressionibus quas dicti Judaei fecisse dicuntur Ade de Peyntur Margeriae filiae ejusdem Ade si ipse vel eadem Margeria versus eos loqui voluerit tunc prae ictos Aaron Mirabilem Fautinum Bonam et Cresseum Floriam et eorum familiam si ea occasione et non alia in prisona nostra detineantuâ— dictis manucaptoribus interim tradas in Ballium et catalla praedict Judeorum si quae occasione praedicta ceperis in manum nostram eis interim restituas per manacaptionem praedictam de corporibus eorum Judaeorum seu de familia aut catallis eorundem occasione transgressionis illorum te non intromittas donec aliud inde preciperimus habeas ibi hoc Breve T. Rege apud Salop 2 die Junii The Jews most likely to avoid the rage and plunders of the English Christians having left the wearing of their Tables on their upper garments formerly prescribed by sundry forecited Writs and Ordinances and the Statute de Iudaismo to distinguish them from Christians were now by this new Proclamation from the King sent to the Justices strictly enjoyned to wear them as well women as men and likewise prohibited to sell any flesh to Christians by any means or to retain any Christian man or woman in their houses or elsewhere in their service under great penalties Rex Justiciariis suis ad custodiam Judaeorum assignatis salutem Cum nuper prâ—ciperimus publice proclamari fecerimus Quod omnes Judaei regni nostri Tabulas deferant in indumentis suis exterioribus ut a cultoribus Catholicae fidei evidentius
of the Acts and premises abundantly testifie So by the very self same justice and equity they can neither now demand nor expect that we or any Christian Realm or State should tollerate or connive at much lesse openly countenance and protect them in the publick or private exercise of their Iudaisme or Iewish Rites and Blaspemies against our crucified Saviour and his Gospel All then that English Christians can do for them is to desire and pray for the conversion of all Gods elect amongst them in his due time by such means as he shall think meetest and to instruct them in the faith by learned Ministers sent to them if they desire it but not to admit them and perchance many disguised Iesuits Papists and Friars with them promiscuously into our Nation to undermine our Church and Religion and undo many thousand Souls it being our duty as to give no just offence to the Iew so neither to the Gentiles nor to the Church of God whom their admission amongst us especially upon Manasseth Ben-Israels motives and addresses tending nothing at all to Piety or their converversion but worldly gains and obstinate perseverance in their Jewish Antichristian Rites and Superstitions will 10. day of Octob. being the next day after it An. 1290. just 21 days before the feast of All Saints by which day they were all to depart out of England under pain of death and accordingly departed as I have elsewhere manifested except some few poor converted Jews who remained like Almesmen in the House of the Converts and were not banished with the rest whose Infidelity was the chief cause of their exile as our Historians attest The King on the 27 day of October but 17 days after the Jews final departure from London out of England committed the custody of this Domus Conversorum and the Converts in London to Walter de Agmodisham during pleasure by this his Patent Rex omnibus ad quos c. salutem Sciatis quod commissimus Waltero de Agmodisham custodiam Domus nostrae Conversorum London conversorum nostrorum therefore not banished with the rest habendum quamdiu nobis placuerit cum omnibus ad custodiam illam pertinentibus sicut Johis de Sancto Dionis quondam Archidiac Roff. eam dum vixit habere consuevit Ita quod idem Walterus domos illas in quibus idem Archidiaconus morabatur ibidem inhabitet pro voluntate sua c. T. R. apud Kingest clipton 27 die Octobris On the 16 day of December following the King granted the custody of this house to Richard de Clunpynges by this Patent which manifests that the converted Jews were not banished with the rest Rex omnibus et singulis Conversis Domus suae London salutem Sciatis quod commissimus ditecto clerico nostro Rico. de Clunpynges custodiam Domus praedictae habendum quamdiu nobis placuerit cum omnibus ad dictam custodiam pertinentibus eodem modo quo Johis de Sancto Dionis quondam Archidiaconus Roffensis defunctus eam dum vixit habere consuevit Ita quod dom illas in quibus idem Archidiaconus morabatur ibidem pro voluntate sua inhabitet Et ideo vobis mandamus quod eidem Rico. tanquam custodi vestro in omnibus que ad custodiam illam perâ—inent intendâ—n es sitis et respondentes sicut praedictum est In cujus c. T. Rege apud Odyham 16 diâ— Decembris The very next year after the Jews banishment within four moneths of their departure hence I find these Letters Patents directed by the King to all his Sheriffs Bayliffs and Lieges expresly mentioning their banishment hence and the Kings designing of all the rents and profits of their houses from the time of their banishment to be collected and disposed to pious uses as Hugh de Kendale Clerk should appoint specially intrusted with the management of this affair Rex Vicecomitibus omnibus aliis Ballivis fidelibus suis ad quos c. salutem Cum assignavimus totam pecuniam provenientem de Domibus quae fuerunt Judaeorum nostrorum in Anglia in quosdam pios usus convertendam per quod volumus quod totum commodum perveniens ex Domibus illis a tempore exilii eorundem ut ex conventione Domorum eatundem rebus aâ—iis in eosdem usus applicetur Assignavimus dilectum Clericum nostrum Hugonem de Kendale ad inquirendum de conductionibus et omnibus receptis hujusmodi plenam veritarem et ad onerandum Vicecomites Ministros et omnes receptores pecuniae inde provenientis a tempore exilii praedicti et ad pecuniam illam in tuto loco reponendam per Vicecomites vel alio modo prout melius viderit expedire Et ideo vobis mandamus quod eidem Hugoni intendentes sitis credentes respondentes Teste Rege apud Asherugge 22 die Ianuarii King Edward presently after the Jews banishment hence seized upon all their Houses Lands and Revenues throughout England as escheated into his hands by this their sentence of banishment and prâ—sently within few moneths after made sale of them to English men by several Letters Patents as appears by a special Pat. Roll of the sales of their houses made in the 19 and 20 years of his reign thus endorsed Carta de Judaismo Liâ—â—re Patenâ—â—s de domibus Iudaeorum concessis Post eorum Exilium de Anglia wherein are near one hundred partiâ—ular Patents oâ— saâ—es of them to several persons running in the selfsame form mutatis mutandis all mentioning their Banishment hence this Kings title to them thereby by way of Escheat take one in the 19. year for an example of all that ensue that year Rex omnibus ad quos c. salutem Sciatis quod concessimus pro Nobis haeredibus nostris Isabellae quae fuit uxor Ade de Sancto Albano Junior Domos illas cum pertinentiis in London quae fuerunt Leonis fil Cressey fil Magistri Eliae Judaei de parochia Sancti Martini Pomer in Ismongerstane Per Exilium ejusdem Iudaei a Regno nostro tanquam Escaeta nostra in manu nostra existentes 〈◊〉 ad quâ—tâ—â— marcas extenduntur Habenâ—â—m tenendum eidem Isabellae et haeredibus suis de Nobis et haeredibus nostâ—is imperpetuum Reddendo inde Nobis haeredibus nostris unum denarium per manum Vicecomitis ejusdem Civitatis singulis annis ad Scaccarium nostrum Pasche et facienâ—o aliis Dominis feodi illius servicia inde debita et consueta In cujus c. Teste Rege apud Asheâ—igge 27 die Decembris Anno regni Regis Edwardi filii Regis Henrici xix This Patent bears date within two Moneths next after the Jews actual departure hence upon the Decree and Edict for their banishment After which follow near one hundred Patents of their houses made this year wherein was the same recital of their banishment as in this transcribed Then follow many other
Patents made of the Jews houses by the King in the 20 year of his reign intituled in the Roll and Margin Patentes de Domibus Judaeorum concessis Post eorum Exilium ab Anglia the first whereof in Memb. 2. runs thus Rex omnibus ad quos c. salutem Sciatis quod concessimus pro Nobis et haeredibus nostris Willielmo de Tabâ—rer de Bedeford Katerinae uxori ejus Domos illas quae fuerunt Cok filii Benedicti de Bedeford Per Exilium ejusdem Iudaei a Regno nostro tanquam Escaeta nostra in manu nostra existentes et â—uâ—ae ad sex soudos extenduntur Habendum et tenendum eisdem Willielmo Kater et haeredibus suis vel cui ilias secundum consuetudineÌ„ villae praedictae donare vel assignare voluerint de Nobis haeredibus nostris imperpetuum Reddendo inde Nobis haeredibus nostris unum denarium per manum Vicecom nostri Bedf. singulis annis ad Scaccarium nostrum ad festum Sancti Michaelis Et faciendo aliis dominis feodi illius servicia inde debita consueta T. Rege apud Westm 29 die Novemb. After which follow near 20 patents more of other Jews houses made that year in the same form Therefore by the unanimous irrefragable verdict of all these manifold Patents the Jews were legally and judicially Banished out of England and by this their Judgment of Banishment both by the King and Parliament all their houses and lands actually escheated into the Kings hands who thereupon seized and sold them to others in fee upon this very Title of Escheat by their Exile out of England which had Sir Edward Cooke known or observed I am confident he would never have asserted this untruth that they voluntarily banished themselves out of England only because their Usury was banished thence To these Records I might annex the case of the Prior of Bridlington which himself cites in the Placita Parliamenti post Pascha apud London 21 E. 1. rot 4. recited again in alio Rotulo Anno 22 E. 1. rot 5. wherein there is this double recital of the Jews exile hence and of a Debt of 200 l. due to the King thereby which he had Judgement to recover against the Prior. Et quia praedictus Prior cognoscit quod praedâ—cta pecunia praed Judaeo debebatur nec ei solvebatur Ante Exilium Iudaeorum et quicquid remansit eorum debitis catallis in Regâ—â— Post eorum Exilium Domino Regi fuit Consideratum est quod Dominus Rex recuperet pecuniam praedictam An unanswerable euidence of their judicial legal actual Banishment hence here twice together repeated in this Plea in Parliament but three years after their exile I have now traced the History of the English Jewes through the obscure untrodden generally unknown and almost forgotten path of our English Records yet remaining in the Tower of London and Exchequer from the very first year of King John where our yet extant Records begin to the 22. of King Edward the first full 4 years after their universal Banishment out of England which as it then put a period to any further memorial of them in our subsequent Records so it now sets a final conclusion to this my Chronological Collection of such Records as concern the generality of the English Jews and their affairs To which I shall only annex some few Records in succeeding times relating to some particular Jewish Converts since their general banishment hence and to the forementioned house of the Iewish Converts now the Rolls in Chancery Lane which are some wayes pertinent like so much gleanings after the Harvest to the Jewish History and so draw toward a conclusion of this my Undertaking There being a great want of Jewish Converts after the Jews banishment hence to receive the Alms Revenues formerly setled on their house by the premised charters of our Kings I find King Edw. the 3d in the 18th year of his reign by special Patents granted to other poor people who had nothing to live on both the benefit and easment of the Houses and Gardens of the House of the Converts together with a penny a day out of the Exchequer and so much besides as any one Convert there received out of the Rents and profits of the house Partiâ—ularly he granted to one Alianor Quae non habet unde 〈◊〉 quod habeat tantum in omnibus pro sustentatione sua iam de pecunia ad Scaccarium videlicet per diem 1 d. et pro aisiamento Domorum Gardinarum sicut una Conversorum habet et capit ac de Deodandis alâ—is proficuis quam de Redditibus Tenementis Conversorum Domus London et alibi infra Regnum Angliae commorant c. quantum una Conversa inde percepit After this a converted Jew John Castell by name coming over into England in the 30 year of King Edward the 3d. the King thereupon granted him such admittance into and sustenance in this house of Convertr as other Converts had in former times received by this ensuing writ of Privy Seal Rex dilecto Clerico suo Hen de Ingleby Custodi Domus nostra Conversorum in civitate nostra London salutem Quia volumus quod Johannes de Chastell à ritu Judaeorum conversus qui in Regnum nostrum Angliae nuper venit habeat talem sustentationem in Domo nostra praedicta de Elemosina nostra qualem alii ejusdem conditionis in eadem ante hoc tempus habuerunt Vobis mandamus quod ipsum Johannem in domum nostram praedictam admittatis et ei sustentationem hujusmodi pro uno converso consuetum de eadem domo liberari habere facias T. Rege apud Westm primo die Iulii Per Breve de privato Sigillo This Henry de Ingelby afterwards resigning his Office of Keeper or Gardian of the House of Converts to the King thereupon King Edward the 3. in the 45 year of his reign granted this Office to William de Burstall Clerk during his life by this following Patent Rex omnibus ad quos c. Sciatis quod dedimus concessimus dilecto Clerico nostro Will de Burstal custodiam domus nostrae conversorum London vacantem per resignationem Hen. de Ingleby ultimi Custodis domus praedictae et ad nostram Donationem spectantem habendum tenendum cum omnibus ad custodiam illam quoquo modo spectantibus ad totam vitam ipsius Willielm In cujus c. T. R. apud Westm 22 die Julii Per ipsum Regem Et Mandatum est Vicecomit London quod ipsum Will. in corporalem possessionem Domus praedictae inducant vel induci faciant habendum juxta tenorem Literarum Regis praedictarum Teste ut supra Per ipsum Regem This house with the Chappel and other Edifices being greatly ruined after the Jews banishment through the negligence of former Guardians William Burstal being made keeper thereof bestowed much money upon
the like 7. That notwithstanding all the Injuries Oppressions Indignities cruelties they here sustained both from our Kings their Officers the generality of the people by Gods just curse and vengeance on them fot their sins yea notwithstanding all means used by our Kings Magistates Bishops preaching Friers and others both for their reformation and conversion to the Christian Faith yet the generality of them continued persevered still in their willfull obstinacy infidelity blindnesse enmity malice blasphemies despite against our crucified Saviour and Christianity which they manifested upon all occasions in publike and private by circumcising and crucifying chistian children breaking the Crucifix in Oxford and trampling it under foot in the midst of the Universities soleme Procession and otherwise expressed at large in the forementioned records as likewise in their extorsions clipping and falsifying moneys Charters usuries frauds rapes murders forgeries very few of them turning Christian converts and that either to save their lives or prevent some imminent dangers to their persons families estates and those of the poorer sort for the most part to get a present livelyhood from the Christians who frequently turned Apostates or flagitious malefactors to the scandal of religion 8. That the Jews here had their Synagogues Schools Priests Presbyter and Comptroller of their Exchequer Escheator Cofferers Cyrographers Attornies Bayliffs with their proper Judges and Court of Exchequer wherein only they were to be sued proceeded against and by whom they were Iudged their Prisons Attachers Tax-Masters Record-Keepers ordered in all things according as the King by his Writs and Letters directed All which Offices were appointed by the Kings special Patents Writs whose Names Powers Jurisdictions Salaries together with their legal trials and proceedings of all sorts civil criminal the forms of their Starrs Charters Extents of Lands assignments of Debts Releases Reliefs Fines with the names of the chiefest Jews are registred and most clearly fully related in the forecited Records and in no other prinâ—ed History or Law-book whatsoever 9. That the Jews were exempt from all other Temporal and Ecclesiastical Courts and Jurisdictions but the Justices specially appointed for their custody and the Kings Exchequer for the Jews yea from all publike Taxes imposed on the English and could not be excommunicated by the Masters of their Law without the Kings special license 10. That the Iews usury was no ways counâ—enanced nor approved but generally condemned and frequently released by our Kings long before the Statute de Judaismo which most infallibly appears to be made in 3 Ed. 1. not in 18. as Sir Edward Cook very grosly mistook And that the banishment of their Usury by it was not the cause of their voluntary banishment hence as he most fondly conceited 11. That the Presbyteratus Judeorum totius Angliae was not the High Priests spiritual function as Sir Edward Cook and others affirm but only a temporal office and Comptrolership in the Kings Exchequer of the Jews 12. That our Kings and Auncestors in times of Popery made and published â—undry excellent Ordinances against the blasphemies abuses of the Jews and were very zealous industrious to convert them to Christianity and carefull to maintain support confirm and provide for them when converted in their Domus Conversorum That King Edward the first remitted his right to all the goods of convert Jews by an unchristian usage confiscated formerly to the Crowne by their very conversion allowing all Converts the moity of their estates to maintain them and granting the other moity of their Estates together with his Deodands and all forfeitures and Chevages of the Jews for the support of the Converts and their House Chappel Chaplains Yet very few of them were converted 13. That King Edward the 1 in the 18 year of his reign did by publike Edict of Parliam actually banish all the Jews out of England except the Converts by a set prefixed day beyond all contradiction much against the Jews good wills as I have undeniably proved by sundry Records forecited here and by multitudes of Historians in my first Demurrer against Sir Edw. Cooks grosse error A truth so clear that the very Jews themselves as I am informed by those best versed in their Manuscript Antiquities do make special mention of this their Banishment out of England in their Chronicles in Manasseh Ben-Israels custody taking their later computations of years from thence as a time very remarkable and ominous to their whole Nation And well might they do so seeing learned Mr. Edward Brerewood in his Enquiries touching the diversities of Languages and Religions throughout the chief parts of the world London 1614. c. 13. p. 92. assures us that The first Country of Christeâ—â—om whence the Iews were expelled without hope of Return was our Country of England whence they were Banished Anno 1290. by King Edward the first By which example Not long after they were likewise banished France Anno 1307. by Philippus Pulcher Only of all the Countries of France in the Iurisdiction of Avignon the Popes State some are remaining Out of Spain An. 1492. by Ferdinand and shortly after out of Portugal Anno 1539. by Emanuel Out of the Kingdome of Naples and Sicilie Anno 1539. by Charls the V. as he there writes Out of which Sir Edward Cooke might have as well averred they only voluntarily banished themselves as that they voluntarily banished themselves out of England withâ—ut any special Edict for their exile thence What other particulars of lesâ—er moment concerning the Jews occurre in these Records I have formerly touched in their respective places and shall here omit Having thus compleated my JUDAISMUS ANGLICANUS REDIVIVUS if I may so stile it or Chronological Collections of the Historical and Legal affairs of the English Jews out of the rich unknown Magazine of our generally neglected slighted precious old Records which Hugh Peters the great New-modeller Reformer of our former Lawes Liberties Government Kingdom Republike Church Religion Justice Law Merchandise Navy the Poor and what not but himself out of his rash fiery Zeal and transcendent ignorance would now make all new Martyrs but yet be none himself For which end in his Good Work for a good Magistrate London 1651. after his proposal of A short Model for the Law p. 28. c. he concludes with this advice as a Good Work fit for his good Magistrate p. 33. This being done It is very advisable to burn all the old Records yea even those in the Tower the Monuments of Tyranny that so his New Whimâ—es only might be known and adored for our English Lawes and Monuments in all succeeding ages I shall therefore crave Liberty to inform the World and this Ignoramus of the incomparable Excellency Utility Necessity of preserving these Records which he hath so brutishly devoted to the fire before he either knew their contents or worth which our Ancestors even in all former Wars Revolutions as well as times of peace and settlement preserved with much
Curiae Regis made and to be inquired of by the Justices itinerant in the 6 year of King Richard the 1. Anno 1194. wherein I find this Article Item de Faeneratoribus eorum catallis qui mortui sunt which is general extending equally to all Usurers whether English or Jews Christians or Infidels But in the Capitula Placitorum Coronae Regis in the 10 year of this King Richard Anno 1198 it was thus varied and confined only to Christian Usurers Inquirendum est by the Justices itinerant then appointed in each County etiam de usuris Christianorum eorum Catallis qui mortui sunt Perchance to put a difference between the Jews whose goods the King claimed as his own whiles living and the English Usurers who forfeited not their estates for usury till after their deaths not unless they died usurers without publike repentance therof before their death This form of Inquisition continued both before and after the Statute de Judaismo as is evident by Capitula itineris used in the reigns of Henry the 3. and Ed. 1. De Christianis usurariis qui fuerunt quae catalla habent qui catalla illa habuerant De catallis Judaeorum occisorum eorum chartis vadiis qui ea habeant King Henry the 3 rot finium 29. H. 3. m. 8. De catallis quae fuerunt cujusdam foeneratoirs seised the Charters of a certain Usurer as confiscated by Law unto him the Statute of Merton c. 5. in the 20 year of his reign provided and granted That usuries should not run against any being within age from the time of the death of his Ancestors whose heir he is unto his lawfull age c. So neverthelesse that the payment of the principle debt with the payment of the usury that was before the death of the Ancestor whose heir he is shall not remain On which Statute St. Edward Cook himself thus Coments This Statute hath been diversly expounded some expounding it only of Nomine poenaes and doubling the rent upon Leases Bonds and Recognizances others literally That the Statute extended to the usurious Iews that then were in England for at that time and before the Conquest also it was not lawfull for Christians he might have added nor yet for Jews to take any usury as it appeareth by the Laws of St. Edward c. and Glanvil and other ancient Authors and Records And by this Act it was manifest that the usury intended by the Statute was not unlawfull for the usury before the death of the Ancestor is enacted to be paid and after the full age of the heir also And no usury was permitted but by the Jews only But King Edw. the 1. That mirror of Princes By aeuthority of Parliament made this Law which is worthy to be written in letters of gold Forasmuch c. That no Jew should take any usury c. As if usury in his opinion had been lawfull for Jews before the Statute de Judaismo when it was equally prohibited to Jews and Christians though not to make to contractor usury meerly void except only against Infants during their minority yet to make both their chatels goods and estates liable to confiscation to the King after their deaths or before as the premises undeniably evidence So that the Statute de Judaismo prohibiting usury to the Jews was no introduction of any new Law as to the unlawfullnesse and penalty of usury it self in the Jews no more than in Christians to whom Rastal equally extends it Vsury 2. but only in respect of the legal means for recovevering the use upon usurious contracts Usury it self being even reputed absolutely unlawfull by Gods Lawes and ours Hence I find Rot. claus 36 H. 3. m 21. A Prohibition by writ to all forain Merchants within the Realme Quod nil capiant ad Vsuram and if they do Omnia mobilia immobilia eorum cedant ad usum Regis all their goods movable and immovable shall be confiscated to the Kings use Rot. claus 2. E 1. m. 1. De Mercatoribus Usurariis commands all Merchants that were Usurers to depart the Realm the year before the Stat. de Iudaismo made And in the Patent Roll of 5 E 1. Dors 26. There is an Inquisition De Usurariis seu Christianis Judaizantibus ut de eis fiat justitia secundum legem terrae which punished them by sines and loss of Goods in the Temporal Courts and by Ecclesiastical censures in the Spiritual Courts as is clear by Placita 18 H. 3. rot 36. and all Canonists in their Titles De Usura which is further evident by these Records Statutes made since the Statute De Iudaismo by 15 E. 3. rot Parl. n. 24.32.21 E. 3. rot Parl. n 49.50 E. 3. rot Parl. n. 47. 6 R. 2. rot Parl. n. 57. 14 R. 2. rot Parl. n. 23. 5 H. 4. rot Parl. n. 68.15 E. 3. c. 5. 3 H. 7. c. 5 6. 11 H. 7. c. 8. 37 H. 8. c. 9.5 E. 6. c. 20. 23 Eliz. c. 8. 39 Eliz. c. 18.21 Iac. c. 17. Therefore the banishing of Usury by this Law thus condemned prohibited in all former ages could no wayes move the Jews voluntarily to banish themselves hence no more than all other English and Italian Vsurers but some new special Act for their final expulsion 8ly It cannot be proved or imagined that all the Jews then in England were Usurers though the most and wealthiest of them were such And it is very improbable that all the Jews throughout England with one consent should agree to banish themselves voluntarily out of England where they were born and lived so long and that on the same day because the Usury of some of them was there prohibited without any Law for their banishment 9ly The Iews by several Laws Canons were expresly prohibited Usury elswhere in that age which they are totally forbidden to use of late years and now in Lithuania Russia Poland and some other places where they reside living only by Merchandize Husbandry and Manufactures Yea Menasseh Ben-Israel himself in his Humble Addresses newly printed p. 22.23 writes thus As for Vsury such dealing is not the essential property of the Iews for though in Germany there be some indeed that practise it yet the most part of them that live in Turky Italy Holland and Hamburgh being come out of Spaigne they hold it infamous to use it Therfore the bare suppression of their Usury in England by this Statute would no more induce them to banish themselves voluntarily out of England and leave all their houses morgages housholdstuff amounting to a vast summ to the King than out of other Countries where their usury was restrained then since seeing they might live as well without Vsury in England by their Merchandizes Husbandry and Manufactures as in any other Climate 10ly Sir Edward Cooke himself contradicts himself herein not only in his 4th Institutes p. 254. where writing
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were then banished out of England never to return again at the special instance and request of the Commons in two several Parliaments as an intollerable grievance and oppression under which they then groaned 2. That the principle grounds of this their perpetual banishment were their Infidelity Usury Forgeries of Charters clipping and falsifying of monies by which they prejudiced the King and Kingdom and much oppressed and impoverished the people 3. That this their banishment was so acceptable to all the people who oft-times pressed it in Parliament that they gave the King a Fifth and Fifteenth part of their moveables to speed and execute it 4. That this their banishment was by the unanimous desire judgement edict and decree both of the King and his Parliament and not by the King alone and this Banishment totall of them all and likewise final Never to return into England Which Edict and Decree though not now extant in our Parliament Rolls many of which are utterly lost nor in our printed Statutes yet it is mentioned by all these Authorities and Records From whence I shall inferre and conclude That as by the fundamental Laws of England No Freeman and Natives of England can be justly banished or exiled out of it but by special judgement of Parliament or by act of Parliament as well as by the ancient Romans Athenians and Syracusians Laws no Citizen of Rome Athens Syracuse could be banished his City or Country but by the lawfull judgement of the Senat and People in their Parliamentary Assemblies and Senates which were very numerous as is evident by Magna Charta c. 29. The banishment of Sir Thomas Wayband Chief Justice of the Common Pleas 19 E. 1. Rot. Pat. rot 12. and these Jews then banished Exilium Hugonis le Dispenser patris filii Tottles Magna Charta f. 50.51 The double banishment of Peter de Gaverston out of England Assensu communi Procerum Magnatum and of the King in Parliament Walsingham Hist Angliae p. 71 72. The Statute of 1. Edward the 3. c. 2. 11 Richard the 2. c. 2 3 4. for the banishment of Belknap and other Judges into Ireland 21 R. 2. Rot. Parl. n. 16 17. For the banishment of Thomas Arundel Arch-bishop of Canterbury The Statute of 35 Elâ—z c. 1. of 39. Eliz. c. 4. For banishing dangerous Sectaries Rogues out of the Realm after conviction upon Indictment only not before which could not be done by Law before these Acts Cooks 2 Institutes f. 47. Mr. St. Iohns Speech against the Shipmoney Iudges p. 22. My New Discovery of the Prelates Tyranny p. 166 167 168. Walsingham Hâ—st Anglâ—ae p 394. and other Testimonies as also by 1 E. 3. c. 54. H. 4. c. 13. The Statute for the pressing of Souldiers for Ireland 17 Caroli Exact Collect. p. 435. The Barons opposition and refusal to assist King Henry the 3 in their persons or purses in his foraign wars in Apulia and elsewhere as no way obliged thereunto The Petition and Protestation of the Lords and Commons in Parliament against serving the King in person or contribution to his wars in Flanders and other foraign parts 25 E. 1. Walsingham Hist p. 35 37 38. Henry de Knyghton de Event Angl l. 3. c. 11.14 or in Gascoign France Normandy Scotland or Ireland Cook 2 Instit p. 528. 4 H. 4. n. 48. 1 H. 5. n. 17. 7 H. 5. n. 9.18 R. 2. n. 6. So none once banished the Realm by Judgement or Act of Parliament can may or ought by the fundamental and known common Laws of England to be restored and recalled again but only by a like judgement Act and Restitution in full Parliament as is adjudged declared resolved by the cases and Petitions of the two Spencers and Pierce Gaveston Walsingh Ypodig Neust p. 104 101 152. Hist Angl. p. 68.71 72. Holinshed p. 328. Speeds Hist. p. 674. The Printed Statute of 20 R. 2. c. 6. for the restitution of Belknap and the other exiled Judges 28 E. 3. Rot. Parl. n. 8. to 14 and 29 E. 3. Rot. Parl. n. 29. touching the repeal of the Judgement in Parliament against Roger Mortimer Earl of March 17 R. 2. Rot. Parl. n. 18. for the pardon and restitution of the Justices banished into Ireland 21. R. 2. n. 55. to 71. for confirmation of the repeal of the exile of Hugh de la Spencer Father and Son An. 15 E. 2. and the revocation of the repeal thereof in 1 E. 3. A notable full record in point The revocation of Abbot Dunston his sentence of banishment by King Edgar and his great Council held at Brentford Anno Dom. 959. 3 H. 7.10 4 H. 7.10 1 H. 7 4. 10 H. 7.22 b. 15 E. 3. Fitz. Petit. 2. 9 E. 2.23.24 9 E. 4.1 b. with sundry other Records for the repeals of Iudgements and Acts of former Parliaments by the subsequent Judgements and Acts of other Parliaments in Cooks 4 Institutes c. 1. and Ashes Tables Parliament 16. and Statutes 68. Therefore the Jews being so long since by Judgement Edict and Decree both of the King and Parliament for ever banished out of England never since repealed or reversed neither may nor can by Law be re-admitted reduced into England again but by common consent and Act of Parliament which I conceive they will never be able to obtain I have now presented you with a true Historical and exact Chronological Relation of the Jews first admission into England not in the time of the Emperour Constantine the great as some groundlesly would collect from his General Epistle to all Churches touching the Decrees of the Council of Nice and the unanimous observation of the Feast of Easter not after the Jewish computation wherein there is mention of the Churches in Britain as well as in Rome Africk Spain France and other places concâ—â—â—ing with other Churches herein but not one syllable of any Jews therein or in Britain then nor in any other particular places but onely these general passages against Christians complying with them in their Paschal observation Ac primum quidem indigna res funt sanctissimum eum diem imitatione atque consuetudine Iudaeorum câ—lebrare qui manibus suis nefario flagitio contaminatis non injuria quoque animis sunt excaecati homines scelerati Quidni enim lâ—ceat gente ea rejecta rectiore verioreque ordine quem à primo passionis diâ— hucusque servavimus ad futura quoque saecula observationis hujus ritum transmittere Item nihil nobâ—s commune sit cum infestissma Judaeorum turba c. Quin strict or ipsa atque exactior ratio flagitare vâ—detur NEQUA NOBIS CUM IUDAEORUM PERIURIO COMMUNIO From whence as all may juiâ—ly resolve that the blinded wicked Jews ought not to be introduced amongst nor to have communion with us nor we with them so no rational man can thence inferr that there were any Jews at that time observing their Jewish passeover in Britain of which I